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Application for Temporary Exemptions from the DSAPT And New Generation Rollingstock Project Application for temporary exemptions under the Disability Standards for Accessible Public Transport 2002 (Cth) and Disability Discrimination Act 1992 (Cth) 27 September 2017 Joint application by the State of Queensland (acting through the Department of Transport and Main Roads) and Queensland Rail NEW GENERATION ROLLINGSTOCK PROJECT APPLICATION FOR TEMPORARY EXEMPTIONS UNDER THE DISABILITY STANDARDS FOR ACCESSIBLE PUBLIC TRANSPORT 2002 (CTH) DISABILITY DISCRIMINATION ACT 1992 (CTH) CONTENTS SECTION PAGE 1. EXECUTIVE SUMMARY ...................................................................... 3 1.1 Purpose ................................................................................ 3 1.2 The NGR project ..................................................................... 3 1.3 Current NGR train configuration ................................................ 3 1.4 Compliance issues .................................................................. 4 1.5 Exemptions sought ................................................................. 4 1.6 Rectification Plan .................................................................... 6 2. PROJECT OVERVIEW ........................................................................ 7 3. THE NGR TRAIN .............................................................................. 8 4. TEMPORARY EXEMPTIONS SOUGHT .................................................. 11 5. PRELIMINARY CONSIDERATIONS ..................................................... 16 5.1 Urgent processing requested .................................................. 16 5.2 Necessity ............................................................................ 16 6. REASONS FOR DSAPT EXEMPTIONS SOUGHT ..................................... 17 6.1 How the proposed exemptions fit within the objects and scheme of the DDA/DSAPT ..................................................... 17 6.2 Why immediate compliance with the DDA/DSAPT is not possible or should not be required ........................................... 17 6.3 Any things done or planned by the Applicant which seek to achieve the objects of the DDA/DSAPT ..................................... 19 6.4 Any terms or conditions which further the objects of the DDA and which the Applicants are prepared to meet as a condition of being granted the exemption .............................................. 20 6.5 The results of any consultations undertaken with people who may be affected by the proposed activity and their representative organisations ................................................... 20 6.6 Information about any Action Plan developed and lodged by the Applicants in accordance with Part 3 of the DDA, including a report on the implementation of the Action Plan to date ........... 22 6.7 The financial or other hardship which will be incurred if the exemptions are not granted ................................................... 22 6.8 Measures proposed to minimise or reduce any hardship which maybe faced by people with a disability and any other people affected by the proposed exemption ........................................ 23 7. REASONS FOR DDA EXEMPTIONS SOUGHT ........................................ 24 2 AUSTRALIA\ANWY\247508708.01 ME_141641810_1 New Generation Rollingstock Project – Application for temporary exemptions under the DSAPT and DDA 1. EXECUTIVE SUMMARY 1.1 Purpose (a) The purpose of this application is to provide certainty while agreed and funded rectification work is progressively undertaken on Queensland's New Generation Rollingstock (NGR) trains. The rectification work will deliver accessible outcomes for all customers by resolving non-compliances (as far as possible) and providing improved functionality across the six-car train. (b) The State of Queensland (acting through the Department of Transport and Main Roads) (TMR) and Queensland Rail (QR) are committed to delivering accessible public transport for all customers. 1.2 The NGR project (a) The NGR project will deliver 75 new six-car passenger trains for South East Queensland through an Availability Public Private Partnership (PPP) awarded to the Bombardier Transportation-led consortium Qtectic in 2013. (b) Once delivered, the NGR trains will be owned by TMR and operated by QR on its Citytrain network. (c) Bombardier Transportation Australia, TMR and QR are members of the Australasian Railway Association (ARA). 1.3 Current NGR train configuration (a) An overview of the NGR train’s current configuration is as follows: (i) Single deck, electric train to operate on the South East Queensland suburban and interurban narrow-gauge rail network (ii) Six narrow body cars per train, with a train crew/drivers cab at each end (147 metres long) (A) Two accessible cars (known as the MA and MB cars) in the middle of the six-car set (B) Twelve allocated spaces, six in each accessible car (C) One unisex accessible toilet module in the MB car (D) Four priority seats in each car 3 AUSTRALIA\ANWY\247508708.01 ME_141641810_1 New Generation Rollingstock Project – Application for temporary exemptions under the DSAPT and DDA (b) A single on-platform assisted boarding point is provided due to existing station infrastructure constraints. The single assisted boarding point will align with either the rear door of the MA car or front door of the MB car (with the unisex accessible toilet module) depending on the direction of travel. 1.4 Compliance issues The following compliance issues have been identified with the current NGR train configuration: (a) Access paths – width: (i) The access path between the allocated spaces in the two accessible cars is not compliant (ii) The access path past the unisex accessible toilet module is not compliant due to the narrow body width of the car (b) Access paths – extent of path: (i) The access path does not extend between the single assisted boarding point door and all allocated spaces and priority seats in the accessible cars (ii) The access path does not extend between all allocated spaces and priority seats in the accessible cars to/from the unisex accessible toilet module (c) Unisex accessible toilet module: (i) Dimensions – one dimension within the toilet module (from the centre-line of the pan to far side wall) is non-compliant due to the design trade-off between the size of the toilet module and adjacent path past the toilet (ii) Functionality – some customers using a mobility device may not be able to carry out a fully parallel side transfer to the pan due to the circulation space between the toilet module’s curved door and wall and pan 1.5 Exemptions sought (a) TMR and QR (together, the Applicants) seek the following exemptions to the Disability Discrimination Act 1992 (Cth) (DDA) and Disability Standards for Accessible Public Transport 2002 (Cth) (DSAPT) from the Australian Human Rights Commission (Commission) for a period of three years, to progressively resolve 4 AUSTRALIA\ANWY\247508708.01 ME_141641810_1 New Generation Rollingstock Project – Application for temporary exemptions under the DSAPT and DDA non-compliances (as far as possible) and improve the overall functionality of the NGR train. (b) Under the DDA, the following exemption is sought:1 (i) Sections 23 and 24 – in matters regulated by the DSAPT and that are subject to an exemption granted by the Commission (c) Under the DSAPT, the following exemptions are sought:2 (i) Section 2.6(1) (A) Width of access path adjacent to the unisex accessible toilet module in the MB car (B) Width of access path adjacent to an allocated space in the accessible cars (C) Access path is only available at a single door (ii) Section 2.8(1) (A) Extent of access path from the entrance of the single assisted boarding door to all allocated spaces and priority seats in the accessible cars (B) Extent of access path from the entrance of the single assisted boarding door to the unisex accessible toilet module (iii) Section 8.2 (A) Availability of a manual assisted boarding device (ramp) at any accessible entrance (iv) Section 15.3 (A) Availability of unisex accessible toilet to passengers using wheelchairs and mobility aids (v) Section 15.4(1)(b) (A) Ability for passengers in wheelchairs or mobility aids to enter, position their aids and exit the toilet module. 1 The details of the precise exemptions sought from the DDA, including applicable conditions, are outlined in Part 4 of this Application. 2 The details of the precise exemptions sought from the DSAPT, including applicable conditions, are outlined in Part 4 of this Application. 5 AUSTRALIA\ANWY\247508708.01 ME_141641810_1 New Generation Rollingstock Project – Application for temporary exemptions under the DSAPT and DDA (vi) Section 15.4(3) (A) Dimension from the centre line of the pan to the far‑side wall 1.6 Rectification Plan (a) The Queensland Government has agreed to allocate funds for the rectification work required to resolve the non-compliances outlined above (as far as possible) and provide improved functionality across the NGR train. (b) The funded rectification work will include: (i) Reconfiguration of the unisex accessible toilet module to meet dimensions and improve functionality in line with DSAPT (ii) Dividing the NGR fleet of 75 trains in two: (A) Interurban fleet of 35 trains (two unisex accessible toilet modules per six-car train) – adding a second unisex accessible toilet module to the MA car, so that allocated spaces in both the MB and MA have a DSAPT-compliant access path to a toilet module (B) Suburban fleet of 40 trains
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